Definition
An EU directive (2019/1158) establishing minimum standards for parental leave, paternity leave, and carers' leave across all member states, including a right to at least four months of parental leave per parent with two months non-transferable and adequately compensated.
UK Context
Best Practices
- Ensure parental leave policies meet or exceed the directive's minimums, including the two-month non-transferable period per parent
- Provide clear information to all employees about their leave entitlements and the process for requesting leave
- Establish a formal process for considering flexible working requests from parents and carers with documented reasoning for any refusal
- Maintain contact with employees on parental leave and plan structured return-to-work arrangements
- Train managers on employees' protection against detriment for exercising work-life balance rights
Frequently Asked Questions
How much parental leave must be provided under the directive?
Each parent is entitled to at least four months of parental leave per child, to be taken before the child reaches a specified age (determined by each member state, up to age eight). At least two months of this entitlement are non-transferable between parents and must be adequately compensated to facilitate uptake by both parents.
Is paternity leave separate from parental leave?
Yes. The directive establishes a distinct right to ten working days of paternity leave around the time of birth of the child, compensated at least at the level of sick pay. This is separate from and in addition to the four-month parental leave entitlement. Many member states provide paternity leave well above this minimum.
What is carers' leave under the directive?
Carers' leave is a right to five working days of leave per year for workers who need to provide personal care or support to a relative or person living in the same household who has a serious medical condition. Member states define the specific conditions and may allocate the leave differently, such as per case rather than per year.